Gripper_Shot_Bag_JA_Final_-_REDACTED.docx

J&A NUMBER

IN REPLY REFER TO:

J&A_18_0048

DEPARTMENT OF THE NAVY

NAVAL AIR WARFARE CENTER AIRCRAFT DIVISION

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

Naval Air Warfare Center Aircraft Division (NAWC-AD) Lakehurst, NJ

2. Description of the Action Being Approved.

This Justification and Approval authorizes and approves on a sole source basis, a Firm Fixed-Price, Indefinite Delivery / Indefinite Quantity (IDIQ) contract to The Sandbag Store for the manufacture of the Gripper Shot Bag. This procurement will provide requirements to support initial outfitting for P-8A aircraft maintenance support for the United States Navy (USN), Royal Australian Air Force (RAAF), Partner Countries and Foreign Military Sales Customers.

3. Description of Supplies/Services.

This acquisition is for the manufacture of the Gripper Shot Bag, Part Number GR25BK-A. This support equipment (SE) is used for measurements on the Hinge Bearing, Jackscrew and the Horizontal Stabilizer of the P-8A aircraft, at the Organizational Level (O-level). The USN minimum quantity for Part Number GR25BK-A is 1000 each with a maximum quantity of 11,080 each. The RAAF minimum quantity for Part Number GR25BK-A is 80 each with a maximum quantity of 80 each.

4. Statutory Authority Permitting Other Than Full and Open Competition.

Statute: 41 U.S.C. 1901, Simplified acquisition procedures (Certain Commercial Items).

5. Rationale Justifying Use of Cited Statutory Authority.

The Sandbag Store is the Original Equipment Manufacturer (OEM) that specifically designed the Gripper Shot Bag (Part Number GR25BK-A) for the USN. The Shot Bags are used to simulate the weight of the horizontal stabilizer in different conditions so that different aircraft control surfaces tests can be run for a multitude of situations. The Sandbag Store provided a solution to the requirements that Boeing provided to them, and was designed according to Boeing’s requirements. The Sandbag Store owns all proprietary rights to the engineering data and detailed product drawings. The Sandbag Store is the only manufacturer with the unique technical expertise to supply this item. An adequate purchase description or other information suitable to solicit through full and open competition has not been developed. The Sandbag Store is the only source that is capable of providing the above items to the same form, fit and function that is compatible with the existing configurations. The SE for the P-8A consists of the following equipment: P-8A Peculiar, Commercial Common (737) and Navy Common. The Government only possesses the data rights and the full requirements for the P-8A Peculiar and Navy Common support equipment. A new shot bag would have to be created from scratch based on Boeing’s proprietary requirements which the government does not possess. A new shot bag would have to undergo testing before it can be used on the P-8A which would result in a duplication of cost in the amount of $592,500 that would not be recouped through competition. The commercial common SE was selected by Boeing based on 737 interface requirements. Due to the nature of our initial strategy and contract, the Government is not in possession of the requirements needed to adequately assess various options for this item.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable.

Market research was conducted and confirmed that The Sandbag Store is the only source that can provide the required item because it was selected by Boeing and is required to work in conjunction with the aircraft – i.e. weight, material, etc. based on requirements in which the Government does not possess. Various internet search engines were queried for potential sources of these items to fill the requirements, of which Canvasgrip.com, Shotbags.com and Americangrip.com were found. However, these companies do not provide the specifically designed Gripper Shot Bag per USN requirements. These companies are not the OEM and are aftermarket resellers. The commercial common SE was selected by Boeing based on 737 interface requirements which was not developed at Government expense. The Government does not have sufficient engineering data or drawings to organically design the above items and enable a competitive procurement. Additionally, PMA-290 procured the P-8A and all associated support elements through Boeing under the original contract (N00019-09-C-0022), with the full exception of Boeing Contractor Logistics Support for life. The program shifted the strategy to organic support at the O-level, and has since continued to deviate away at the dependence on Boeing. All the ground SE for the P-8A was identified and assigned prior to this decision by the PMA. The program procured the initial standup of SE through Boeing via Low Rate Initial Production (LRIP) contracts 1-4. After LRIP 4, the decision was made to sever the procurements of SE from Boeing as a cost savings measure since they did not directly manufacture any of the equipment. P/N GR25BK-A was selected by Boeing based on 737 interface requirements which was not developed at Government expense. That same part number is the only valid one verified and tested in July 2010 by the USN that can meet P-8A requirements and authorized by fleet use. P-8 Engineer, Patrick Leung, verified that this information is accurate and up to date as of July 2017.

In accordance with DFARS 206.302-1(d), a Request for Information (RFI) was posted to Federal Business Opportunities (FBO) website on 28 September 2017. One (1) response was received to the RFI on 10 October 2017 from Polo Custom Products (Cage Code: 9R594) submitting information about their company and providing a capabilities statement. The Government Technical Team reviewed what Polo Custom Products provided and determined their product to be unacceptable since it did not meet the Government’s requirements. The Contract Specialist responded via email to Polo Custom Products stating “The Government technical team reviewed what you submitted for the subject RFI and determined that the part number you provided is not the part number that is required. The information Polo Custom Products provided stated the company can reverse engineer any existing product to include the Government current requirement but Polo does not provide what the Government is directly asking for and would have to develop it. In addition, the Government requires pre-filled 25lb metal shot material in a fully enclosed Condura material. The tolerance is +/- .5lb for each bag. Polo Custom Products also stated that they would ship any bag they develop unfilled. This is unacceptable to the P-8A program as they are not assembling the bags.” There was no further challenge from Polo Custom Products.

In accordance with FAR 5.201, a synopsis was posted to the FBO website on 16 October 2017. No responses to the synopsis were received. Any response received expressing interest at the prime level will be reviewed by the Contracting Officer, in coordination with the technical and requirements cognizance.

7. Determination of Fair and Reasonable Cost.

The negotiation and establishment of a fair and reasonable price will be conducted in accordance with FAR 15.4. As stated in FAR 15.402, the Contracting Officer shall purchase all supplies and services at a fair and reasonable price. The Contracting Officer will use cost and price analysis as the basis for negotiating a fair and reasonable price for the supplies/services covered by this J&A.

8. Actions to Remove Barriers to Future Competition.

For the reasons set forth in Paragraph 5, NAWC-AD has no plans at this time to compete future contracts for the types of supplies/services covered by this document. If another potential source emerges, NAWC-AD will assess whether competition for future requirements is feasible.

Appendix A

Total

Total

$908.5K image1.wmf